New Requirements for Employers Regarding Electronic Monitoring

Signed by NYS Gov. Kathy Hochul in November, Civil Rights (CVR) Chapter 6, Article 5, Section 52-C*2 amends current Civil Rights Law in New York State. The new law will require employers to provide employees with detailed notice of any electronic monitoring of their phone, email and internet usage.

Pursuant to the new New York State law, electronic monitoring in the workplace includes monitoring of:

  • Employees’ telephone conversations or transmissions
  • Employees’ electronic mail or transmissions
  • Internet access or usage of or by an employee by any electronic device or system,
  • Electronic devices or systems include, but are not limited to, the use of a computer, telephone, wire, radio, or electromagnetic, photoelectronic or photo-optical systems.

For new hires, and annually thereafter, written notice of the electronic monitoring must be issued at the time of hiring and must be acknowledged by the employee in writing or electronically.

The employer’s written electronic monitoring policy must also be posted in a “conspicuous place readily available for viewing” by employees.

This law takes effect May 7, 2022 and pertains to all private employers that conduct business in the State of New York, regardless of their size. Violation of the law will subject the employer to fines of up to $500 for the first offense, $1,000 for the second offense, and $3,000 for the third and each subsequent offense. Employers should start planning for this new law as soon as possible, to document the actual policies,  and prepare the written notices to be posted for all employees and the acknowledgement forms for new hires to sign.

For our advanced cybersecurity clients: Your policy will be posted in the policy section on the cybersecurity portal.  This provides your employees with electronic access to your company monitoring policy in compliance with the posting requirement.

Click here to learn more about EscapeWire Advanced Cybersecurity solutions or contact Mike Beecher to discuss your options.

Here is a timely article that explores the issues employers face when considering the type and extent of their monitoring policies: Read Here »

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